The Supreme Court of India on Thursday, 9 October, agreed to list an application seeking extension of time for mandatory registration of all Waqf properties, including “waqf by users”, under the UMEED portal.
In an interim order on 15 September, the apex court had put on hold a few key provisions of the Waqf (Amendment) Act, 2025, including the clause stating that only those practising Islam for the last five years could create a Waqf. However, the court refused to stay the entire law, noting the presumption of constitutionality in its favour.
The court had also observed that the Centre’s decision to remove the “waqf by user” provision in the newly amended Waqf law was prima facie not arbitrary, and rejected the argument that waqf lands could be seized by governments.
Waqf by user refers to the recognition of a property as a religious or charitable endowment based on its long-term, uninterrupted use for such purposes, even if the owner has not made a formal written declaration.
Supreme Court’s Waqf Act order a partial balm, not a final remedyOn Thursday, a bench headed by Chief Justice of India B.R. Gavai was informed by lawyer Nizam Pasha, representing AIMIM leader Asaduddin Owaisi, that the six-month period allowed for registration under the amended law had largely lapsed. “Five months went during the judgment, we now only have one month left,” Pasha said, urging that the time for registration be extended.
Solicitor general Tushar Mehta, present in the courtroom for another matter, objected to the mentioning of the plea and suggested it be intimated to the Centre. The CJI responded, “Let it be listed, listing does not mean granting the relief.”
The Centre launched the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) portal on June 6 to create a digital inventory of all Waqf properties in India after geo-tagging them.
Under the UMEED portal guidelines, details of all registered Waqf properties are to be mandatorily uploaded within six months, a deadline that is now nearing completion. The plea seeks additional time to comply with this mandate, citing delays caused by judicial proceedings and administrative hurdles.
This case highlights the ongoing tension between digital modernization of Waqf management and the practical challenges of compliance, particularly for properties recognized under the “waqf by user” principle.
With PTI inputs
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